None Of The Above (NOTA) under Election Rules 49(O)is not a silver bullet for ensuring better political system in India for the reasons:
(1) If there are hundred voters and 90 of them exercise NOTA, what will be the intrinsic value of such votes, will they be treated as invalid votes?
(2) Of the remaining 10 voters, if six of them cast their votes in favor of a candidate, under first past the post terms under the existing rules, that candidate will have to be declared as elected.
(3) This means a person who has just got six votes will rule over the rest of 94 people - will this be correct?
(4) If these NOTA votes are to be treated as valid votes, then Election Rules/ Peoples Representation Act etc., will have to be amended by an Act of Parliament.
(5) If these NOTA votes become valid and are in majority, then will there be re-election and what if the same candidates contest ?
(6) If NOTA candidates are to be barred, will it not violate constitutional rights?
(7) If a re-election is ordered, there will be huge expenditure and people will have to pay more taxes and also results in lot of inconvenience for people with frequent elections.
In view of these confusions, it would be better if Supreme Court orders that the 13 electoral reforms pending with the Government and recommended by successive Chief Election Commissioners are taken up within the framework of the laws and implemented for ensuring better political governance. (
http://eci.nic.in/eci_main/ele... ) In addition, other electoral reforms like minimum qualification, maximum age limit, compulsory voting, if a minimum percentage of votes are not secured such a candidate to be barred from contesting future elections.